What is an integrated circuit topography?

Integrated circuit topographies are the three dimensional circuit designs that are used in many electrical and computerized products. Integrated circuit topographies are made of complex layers of semi-conductors, metals, insulators, and other materials. Some examples of products which incorporate integrated circuit topographies are computers, automobiles and robots.

An integrated circuit topography, like any topography, is essentially a map. Specifically, an integrated circuit topography directs electrical signals through the electronic pathways, also known as circuits, that power our devices. It is an electronic puzzle made up of a series of tiny pieces, and the arrangement of these pieces is what determines how the device functions. It is this arrangement of electronic components and circuits that is protected by Intellectual Property law. Intellectual Property protections for integrated circuit topographies are designed to protect the “original design” of these electrical maps, those developed by “intellectual effort”.

What can you register?

The protection provided by the Integrated Circuit Topography Act protects the original design of a registered topography whether it is represented in an integrated circuit product or not. Topographies that define only part of the structure needed to perform an electronic function may also be registered. For example, topographies that define generic layers of gate array integrated circuit products, and topographies that define interconnection layers that customize gate array integrated circuit products to perform specific electronic functions, may be registered separately.

A topography is considered original if it is developed through intellectual effort, and is not just a reproduction of all, or a large part, of another topography. The Act does not protect pre-existing topographies that are commonplace among topography designers or integrated circuit product manufacturers.

Why register an integrated circuit topography?

Integrated circuit topographies must be registered with the Office of the Registrar of Topographies (part of the Canadian Intellectual Property Office – CIPO) for the owner or creator to have legal ownership rights. By registering the design, the owner has the exclusive right to make, sell, import, lease or offer to sell or lease the topography or products incorporating the topography. If others infringe on these rights, the owner can ask the court to order them to stop and to pay compensation.

To qualify for legal protection, the design of a topography must be original. It must be the result of intellectual effort and not a copy of any other topography or design. Registration will legally protect the design but not the function of a topography.

If you plan to register an integrated circuit topography, you should also consider applying for a patent, because patent law will provide you with additional legal protection.

How to register an integrated circuit topography

You should consider contacting a patent lawyer or a registered patent agent for assistance if you plan to register an integrated circuit topography. This area of law and the registration process are both very complicated. There are four main steps in the registration process.

First, your lawyer or patent agent must fill out an application form. Second, they must prepare drawings or photographs of the design. Third, you must pay a registration fee. Fourth, the application form, the drawings or photographs, and the fee should be submitted to the Office of the Registrar of Topographies.

How long does registration last?

Applications for registration of an integrated circuit topography must be filed within two years of the first commercial offer to sell or lease the topography. Registration provides legal protection for up-to ten years. The term of protection begins on the day your lawyer or patent agent files the application. The term of protection will end on December 31 of the tenth year after either the year the application was filed, or after the year the topography was first sold or leased.

Using the registered title

Integrated circuit products can be marked with the registered title to show that they are legally protected. Although the Integrated Circuit Topography Act does not require that topographies be marked with a registered title, it is a good idea to do so. If someone infringes your registered topography but the product is not marked with the registered title, the court could decide that they did not know of your registration and are not guilty of infringing your ownership rights.

You can obtain more information about how to register and protect an integrated circuit topography from an intellectual property lawyer or from a registered patent agent.

For more information and current government fees, refer to CIPO’s Integrated Circuit Topographies website.

								
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